CH 20: Contemporary Legal Issues in Employment

When can email be monitored in the workplace?

1) One party consents 2) The employer provides the email service 3) The monitoring is done in the ordinary course of business

What are three exceptions to the employment at will doctrine?

1) Violation of public policy 2) Express or implied contracts of employment 3) Implied covenant of good faith and fair dealing

What are "at will" contracts?

Contracts stating that the employer or the employee can terminate the employment relationship at his or her discretion

According to both Federal and Idaho state law, who must consent in order for a telephone conversation to be recorded?

Federal law and some states, including Idaho, allow a phone conversation to be recorded if one party to the conversation consents.

What is the implied covenant of good faith and fair dealing?

Obligation, implied by law, that the employer cannot terminate an employee in bad faith (Ex: terminating a loyal employee days before they were to receive pension benefits)

What is qualified privilege?

Protection from liability for good faith actions by employers providing references to prospective employers; The privilege applies only if the employer makes the statement to one who has a legitimate interest in the information, such as a new, prospective employer, and if the employer believes the statement is true at the time it is made.

When could an implied employment contract be created?

Sometimes an implied contract of employment is created with an employee manual or handbook

Why do public sector employees have greater rights to "privacy" and against illegal search and seizure than private employees?

The Constitution protects persons against actions by the government. The Constitution does not protect individual citizens against acts by other private parties.

When is polygraph testing of employees acceptable?

The Employee Polygraph Protection Act of 1988 prohibits almost all polygraph (lie detector) testing of employees. Employers may be able to administer a polygraph under limited circumstances when investigating workplace theft. (pg. 721)

What is the public policy exception to the employment at will rule?

This doctrine generally holds that it is unlawful to terminate an employee for doing something that the official public policy of the state supports or promotes, such as refusing to break the law